S.L. 427.23 Art. 20New technologies or concepts incompatible with separate directives.

(1) The approval authority may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more regulatory acts listed in Schedule IV, Part I, subject to authorisation being granted by the Commission in the Directive 2007/46/EC.

(2) Pending the decision as to whether or not authorisation is granted, the approval authority may grant a provisional approval, valid only in Malta, in respect of a type of vehicle covered by the exemption sought, provided that it informs the Commission and the other Member States thereof without delay by means of a file containing the following elements:

(a) the reasons why the technologies or concepts in question make the system, component or separate technical unit incompatible with the requirements;

(b) a description of the safety and environmental considerations concerned and the measures taken;

(c) a description of the tests, including their results, demonstrating that, by comparison with the requirements from which exemption is sought, at least an equivalent level of safety and environmental protection is ensured.

(3) Where the provisional approval referred to in sub-regulation (2) is granted in another Member State, the approval authority may decide to accept the effects of such provisional approval in Malta.

(4) Sub-regulation (1) shall not apply where a system, component or separate technical unit complies with a UNECE Regulation to which the Community has acceded.